• Who is legal heir of tenanted property?

Sir, following is situation
1) we 6 persons were living as a tenant in one room and tenant was my father who died on 16-10-2005
2) the 6 persons are father, my mother, myself, my sister, my step mother and her daughter ( my half blood sister)
3) my mother was died on 06-09-2000 i.e. before death of my father.
4) before death of my father my both sisters were already married and myself also living in seperate residance.
5) at present my step mother occupied the tenanted property.
6) landlord wishes to redevelope property.
7) my step mother ignoring me and trying to show that her daughter i.e. my half blood sister is alone heir.
8) pl advice, who is legal heir after my late father, and after my Step mother.
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
You all are legal heirs including your step mother and step sister.
So send the landlord legal notice claiming your share in the tenancy rights.
If landlord ignores your claim file a suit for declaration and injunction.
All the best.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, after the demise of your father you, your sister and your step mother and her daughters are the legal heirs.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, all 4 of you have equal rights and there is no hierarchy.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) On your father demise you , your sister , your step mother would be rhe legal heirs 

2) . Upon death of the tenant those who were residing with the deceased tenant will be entitled to the tenancy right. 



3) for redevelopment of property landlord would need consent of all the tenants of the building 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Check there is any lease agreement is created in favour of step mother after the death of father.If not, all the legal heirs - blood Sister, Step mother, half blood sister and you have equal rights in lease hold property.

You can claim your share in the tenancy rights after your father’s demise. Send a legal notice to landlord with regards to your claim over the property 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
 all the 4 legal heirs residing with your father in tenanted flat would have equal shares in the said flat 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Yes
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Polygamy is not permitted among Hindus. Unless your father had obtained divorce from his first wife he could not have married again. So if he had not obtained divorce from your mother then he could not marry your step mother. Your step mother is not the heir of your father if the latter did not obtain divorce from his first wife, but your sister has an equal share in the property of your father. The heirs are you, your sister and step sister. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
Presently you, your step mother, blood sister and half sister are the legal heirs to your deceased father (tenant).  If your step mother tries to grab the entire property by herself, you may raise an objection to the landlord in writing and also issue a legal notice to him if he is not obliging to your objections. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0

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